Find Lawyers in Milwaukee, Wisconsin for Litigation - Intellectual Property
Practice Area Overview
IP is protected by specific laws relating to patents, trademarks, copyrights, and trade secrets; these laws acknowledge an innovator’s ownership of his or her novel creation and give that innovator the exclusive right, for a defined period of time, to use and benefit from it.
Litigation of IP matters takes several forms. One involves patents, which cover inventions on designs and products, as well as the processes through which they are manufactured or used. Patent infringement refers to the unauthorized use of a patented invention, at which point litigation can arise. A “Hatch-Waxman” litigation is a particular kind of patent dispute involving generic versus brand pharmaceutical products and processes and infringement of the patent(s) covering these.
Trademarks and copyrights also can be infringed. A trademark can be a symbol, logo, word, sound, color, or name that identifies the source of a product and distinguishes it from that of others. Copyrights protect works of authorship, such as writings, music, and art. Copyrights and trademarks grant holders exclusive rights to use their works, and an unauthorized use can lead to litigation. Trade secrets are information that companies keep secret to give them an advantage over competitors. Misappropriation of trade secrets is a typical litigation scenario when such information is taken without authority.
Licensing disputes can arise that relate to any of these protections. A licensing agreement is essentially a contract between an IP rights owner and an entity authorized to use such rights, usually in exchange for an agreed upon fee or royalty. The extent to which parties do or do not follow the terms of that contract often engenders this type of litigation.
Other kinds of IP litigation can include variations of the above, including trademark dilution, “cybersquatting,” pirated and “knock-off” commercial goods, domain name disputes, domestic and foreign customs seizures, and unfair competition.
IP assets are a valuable foundation of any successful venture, so when unauthorized use occurs, disputes are bound to arise.
Mark Foley is a Shareholder with more than 40 years experience meeting the complex business and legal needs of clients ranging from individual business owners to industry trade associations and Global 500 companies. Mark has successfully tried cases before judges and juries in federal and state courts, represented debtors and creditors in bankruptcy courts throughout the United States, and arbitrated matters before AAA and NASD panels. He has directed and conducted the nationwide defense of r...
Joseph A. Kromholz is one of the founding shareholders of Ryan Kromholz & Manion, S.C., located in Brookfield, Wisconsin. The firm, which traces its roots back to 1873, was formed in 1998 and practices in all areas of intellectual property law including related litigation. Mr. Kromholz is registered to practice before the United States Patent and Trademark Office and admitted to practice in the United States District Court for the Eastern and Western Districts of Wisconsin and before seve...
John M. Manion is one of the founding shareholders of Ryan Kromholz & Manion, S.C., located in Brookfield, Wisconsin. The firm, which traces its roots back to 1873, was formed in 1998 and practices in all areas of intellectual property law including patent, trademark, copyright and unfair competition law and related litigation. John is registered to practice before the United States Patent and Trademark Office and admitted to practice in the United States District Court for the Eastern an...
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Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison